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y the various causes of imprisonment of the prisoners and then take decisions about the further progress relating to their imprisonment (Federal Judicial Center, 2013).
Habeas Corpus is a petition, which has been originated from the English common law during the period of fifteenth century. In the year 1679, the writ became the part of the England Statutory law. This plan has been initiated by the American colonial court as a part of common law with the inclusion of certain rights. In the year 1789, it can be apparently observed that the ‘writ of Habeas Corpus’ was mainly issued by the federal court with the influence of Congress for the prisoners who were in federal custody. However in the year 1807, Supreme Court countered federal court and declared that the federal court will not be the issuer of the ‘Writ of Habeas Corpus’ due to having lack of authority (Epstein et al., 2014; Paschal, 1970). The historical evolution of habeas corpus with the inclusion of English and American traditions can be mainly determined with varied rights that it entails for protecting civil liberties. It will be vital to mention in this similar concern that the major rights of this writ can be ascertained as assessing the rights to be granted to the individuals belonging to America and most vitally determining whether individuals are imprisoned legitimately or must be released immediately from custody among others (Garrett, 2012).
It will be vital to mention that the ‘Federal Habeas Corpus’ is available for all the prisoners of the US. In relation to the above context, it can be affirmed that the writ also works as a protector of human rights. It is applicable for all people regardless of gender, race and social status and especially for all the people who are imprisoned in federal nation. As apparently noted, the deferral of habeas corpus becomes necessary at the time of occurring any sort of rebellion and invasion that lay the chances of hampering individual interests
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It also allows detained suspects to challenge the legality and constitutionality of their arrest and confinement. Unfortunately, according to recent studies, court cases, and cases of suspension of the habeas corpus, this essential aspect of the U.S legal system has not turned out to the crucial check it was expected it to be (Stone, 2004, P.
For quite a while now, repression has been the answer to questions regarding security threats to the US. These activities, when critically analyzed, have been digging deep into lack of freedom for no particular reason. This paper takes a look at civil liberties that citizens are entitled to and the violations of these rights that occur in the course of fighting crime.
The United States, who is also the super power country in the world history since the end of the cold war marked by the falling of the berlin wall, has been involved in a number of war with other antagonistic countries around the world mainly from the Arabian states
It has compromised the liberty of civilians and the execution of justice on suspects, where institutions or individuals fighting for suspects’ rights face opposition from corridors of justice. This led to introduction of habeas corpus, which is a court order that directs a prison warden to produce and justify a prisoner’s detention (Longley, 2013).
The availability of post-conviction trial is particularly designed to reduce the probability of convicting a truly innocent person, thus administering justice. However, it has also become a way for some to delay execution, asking for an endless litigation of the case.
History of the writ of ‘habeas corpus’ can be traced to the early thirteenth century when the term was quite common as a language of civil procedure suggesting that it must have developed much earlier. The term ‘habeas corpus’ represents a
Habeas corpus is built on the premises that a government or law enforcement agencies only have two options that include charging an individual or letting them enjoy their liberty (The Rutherford Institute, 2015). In 1801 president Thomas Jefferson reiterated the critical
ights of the prisoners were never considered since the place where they were kept was beyond the reach of the constitution of the United States of America. It was the duty of the Supreme Court to protect the rights of the prisoners by the use of Habeas Corpus and given orders of
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